Brand Logo Protection – Trademark Registration in Cochin

 Brand Logo Protection – Trademark Registration in Cochin

Brand Logos

Typically, logos and designs that are used as brand identities for representing businesses are protected as trademarks. Brand Logos are original artistic works of one particular person that have an element of creativity, they are also protected as copyrights. Trademarks and copyrights are two different forms of intellectual properties and are protected by different laws; and the scope of protection under different laws is different too. In this article, the thin line between the protection afforded to brand logos and designs under the two regimes has been discussed. But discussing the same, it is important to first look at the meanings of trademark and copyright.

A copyright is a combination of several intellectual rights granted to the owners of specific creative artistic works. In a nutshell, a copyright could be explained as an exclusive legal right to do or authorize another person to use, reproduce and distribute copies of and / or make adaptations or translations of and / or perform or communicate in public certain kinds of creative works.
A trademark is a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from that of another when used in trade.
A brand logos or a trademark registration represents the origin, quality and the goodwill attached to a business among the customers. It could be anything with the help of which consumers identify a business or a brand. The trademark is broader than copyright in as much as anything with which a business or its commercial offerings could be associated would be considered a brand identity. Only requirement of being a brand identity is – it should be or become distinctive, and not be generic in relation to the business for which it is used.
While every business entity aims for gaining recognition and put in ample amount of time, effort and creativity to design its business identities and logos that are attractive, not all logos might be unique or original. Brand identities could well represent businesses owing to their distinctiveness and association with their owners, but may not have minimum standards of creativity or qualify to be original. However, the same might not qualify for copyright protection due to lack of artistic character. Similarly, the use of a specific colour or combination of colours could give rise to a strong brand identity, but it might not be copyrightable.
Only some kinds of creative artistic works are capable of copyright protection, artistic works (including brand logos or designs) being one such kind. If a brand logo has an element of creativity and is original, it will also attract copyright protection in addition to trademark protection through Trademark registration in Cochin .
Summarizing the above, the main requirement for a brand logo to be protected under the trademark law is that it should be distinctive and capable of representing a trade in market.